Opinion
February 28, 1955.
Appeal from an order pursuant to rule 137 of the Rules of Civil Practice, entered November 5, 1954, directing appellant to appear for examination as a witness in this State in a proceeding pending in the State of New Jersey, and from an order entered April 1, 1954, denying appellant's motion to vacate a subpoena served upon him to take his testimony in said proceeding. Order entered November 5, 1954, affirmed, with $10 costs and disbursements. ( Matter of Klein [ Larner], 284 App. Div. 900.) Appeal from order entered April 1, 1954, dismissed, without costs. That order was reviewed on a prior appeal. ( Matter of Klein [ Larner], supra.) Nolan, P.J., Wenzel, MacCrate, Murphy and Ughetta, JJ., concur.